February 26: Port Hawkesbury Provincial Court
Ashton Bernard, 34, from Eskasoni First Nation
Ashton Bernard’s lawyer appeared on his behalf via phone in Port Hawkesbury Provincial Court on February 26 regarding fishery offences dating back to 2020.
Alexander McKillop discussed with Judge Laurel Halfpenny-MacQuarrie the possibility of resolving his client’s fishery charges by changing his plea and withdrawing his constitutional challenge.
Bernard was charged with four fishery offences for lobster fishing during a closed commercial season. The alleged offences occurred between Feb. 1 and May 7, 2020, in St. Peter’s Bay in Richmond County, N.S. Bernard was officially charged on Dec. 16, 2020.
During Monday’s court hearing, McKillop and federal crown attorney Mark Donohue discussed possibly combining Bernard’s charges in Port Hawkesbury with his fishery charges in Bridgewater for sentencing purposes.
Bernard is one of four Mi’kmaw fishermen charged with lobster fishing during a closed commercial season near Pinkney’s Point in Yarmouth County in September 2019. In that case, all four fishermen withdrew their constitutional challenge and requested to be sentenced instead.
Judge Paul Scovil granted Bernard’s request for a sentencing circle which was originally scheduled to take place in Eskasoni First Nation on Feb. 22 but was put on hold due to scheduling issues.
Judge Halfpenny-MacQuarrie adjourned Bernard’s matter until March 27 in Wagmatcook Provincial Court.
February 28: Digby Provincial Court
Jordan McKenzie, 34, from Sipekne’katik First Nation
A provincial court judge granted Jordan McKenzie more time to seek a lawyer to help him launch a constitutional challenge on fishery offences against him.
A member of the Sipekne’katik First Nation, McKenzie, 34, is charged with ten Fisheries Act violations which include lobster fishing during a closed commercial season and violating an Aboriginal communal fishing license.
The alleged offences happened in Weymouth, N.S., on November 25, 2018. McKenzie was officially charged on October 29, 2019. He informed the court he was exercising his treaty right to earn a moderate livelihood and pleaded not guilty to the charges.
Following an actus reus trial in February 2023, Judge Claudine MacDonald ruled that the federal crown had proven McKenzie committed the Fisheries Act violations.
During the court hearing on Wednesday, federal crown attorney Alex Pink said that MacKenzie has been telling the court for the past year that he is seeking a lawyer to represent him for the constitutional challenge portion of the trial. Pink added that the crown has closed its case against McKenzie who, he said, has not presented any evidence to defend himself.
Judge MacDonald adjourned McKenzie’s matter until April 11 but reminded McKenzie that his case needed to move forward promptly.
February 28: Bridgewater Provincial Court
Dennis Pictou, 32, from Millbrook First Nation
A restorative justice circle has been scheduled for Dennis Pictou on March 18 for fishery-related offences that occurred in 2020.
Pictou’s lawyer, Alexander McKillop, appeared on his client’s behalf in Bridgewater Provincial Court on Feb. 28. He informed the court Pictou’s restorative justice circle is being organized by the Mi’kmaw Legal Support Network.
Pictou was charged along with five other Mi’kmaw fishermen for violating a Fisheries Management Order that prohibited the harvesting of American eels that measured less than ten centimetres.
The alleged offences happened on May 5, 2020 along the East River in Easter Chester in Lunenburg County, N.S. but Pictou and the others were not officially charged until April 30, 2021.
Pictou had initially pleaded not guilty but withdrew his plea in August 2023.
A judge adjourned Pictou’s case until April 24 for a status update.
Derek Maloney, 43, from Millbrook First Nation
A fishery charge against Derek Maloney was withdrawn after court was told on Wednesday that he completed a restorative justice circle.
Federal crown attorney Jodi Mailman told the judge that Mi’kmaw Legal Support Network informed her that Maloney completed the requirements set out by restorative justice.
Maloney and another fisherman from Millbrook, Dana Sylliboy, 50, were charged with violating a Fisheries Management Order that prohibited anyone from harvesting American eels measuring ten centimetres or less.
The offence allegedly happened on Apr. 30, 2020, at the East River in Lunenburg County, N.S. but the fishermen weren’t officially charged on Apr. 30, 2021.
Maloney and Sylliboy had pleaded not guilty to the charges and filed a constitutional notice to inform the court they intend to argue they have a treaty right to catch and sell fish to earn a moderate livelihood.
A trial was scheduled for October 31, 2023 but a few days before trial, they withdrew their not guilty plea and requested to be referred to restorative justice.
The charge against Dana Sylliboy was withdrawn in January after he completed a restorative justice circle.
Frank Gloade, 41, from Millbrook First Nation
A federal crown attorney informed the court on Wednesday that a restorative justice circle for Frank Gloade is proceeding as scheduled.
Gloade is charged with violating a Fisheries Management Order that prohibited the harvesting of American eels that measured ten centimetres or less.
The alleged offence happened at Chester Basin in Lunenburg County on Apr. 30, 2020 but Gloade was only officially charged on Apr. 30, 2021.
During a court appearance on November 22, 2023, a lawyer representing Gloade informed the court his client requested to be referred to restorative justice through the Mi’kmaw Legal Support Network.
Gloade’s case was adjourned until May 1 for a status update.
